Patna High CourtCR. MISC./21685/2016bail granted

Ram Rekha Paswan v. The State Of Bihar

2016-09-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21685 of 2016 Arising Out of PS.Case No. -83 Year- 2014 Thana -GOVINDGANJ District- EAST CHAMPARAN (MOTIHARI) ====================================================== Ram Rekha Paswan Son of late Dhanraj Hazra Resident of VillageKhajuriya, PS Govindganj, District East Champaran, Motihari. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ravi Ranjan, Advocate. For the Opposite Party/s : Ms. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2016 Heard both sides.

Petitioner Ram Rekha Paswan seeks bail in Govindganj P.S. Case No. 83 of 2014 registered under Sections 341, 323, 302/34 of the Indian Penal Code.

The informant named six persons and alleged that they all assaulted his nephew Chandan Kumar with fists and slaps and Chandan Kumar died. Prayer for bail of the petitioner was earlier rejected vide order dated 20.03.2015 passed in Cr. Misc. No. 47594/2014. The petitioner is in jail since 06.08.2014. The petitioner has already remained in jail for more than two years. Prayer for bail of the petitioner was earlier rejected with a direction to the trial court to conclude the trial within nine months but the trial has not yet been concluded. Only one prosecution witness has been examined in the case.

Patna High Court Cr.Misc. No.21685 of 2016 (2) dt.14-09-2016 2/2 Considering the facts that there is omnibus and general allegation of assault with fists and slaps causing death of Chandan Kumar but the petitioner is in jail for more than two years and the trial has not been concluded, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 12th Additional Sessions Judge, East Champaran, Motihari in Govindganj P.S. Case No. 83 of 2014.

(Prabhat Kumar Jha, J) Dilip/- U T